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(영문) 전주지방법원 군산지원 2014.07.02 2012고단2332
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 1, 2010, the Defendant was sentenced to the suspension of the execution of two years for fraud in the Jeonju District Court's Gunsan Branch's imprisonment with prison labor for six months, and the judgment was finalized on November 10, 2010. On June 20, 2012, the Jeonju District Court sentenced six months to imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on August 10, 2012.

On August 208, 2008, the Defendant concluded that “The Defendant would pay the victim money more than that of drinking funeral, while running a business to supply the medical instruments to the Franchise Hospital” at the Eju shop operated by the victim D in the Sinsan-si, Sinsan-si. When investing in the purchase of medical instruments, the Defendant would pay the medical instruments after approximately 1-2 months at the hospital, and would pay the profits if the Defendant would receive the medical instruments from the hospital.”

However, in fact, even if the Defendant received medical fees from the victim, it was thought that he would use it as gambling funds, and did not have any idea to use it to purchase the medical equipment. Moreover, the Defendant had been in bad credit since 2003, and around October 2008, while engaging in F's medical equipment sales business, there was approximately KRW 20 million, but at the time, there was no intention or ability to pay the profit even if he did not receive the medical device investment funds from the victim, even if he did not make any specific profit, even if he did not receive the medical device funds from the victim.

On October 9, 2008, the Defendant, by deceiving the victim, received KRW 6 million from the victim with a new bank account (H) in the name of G, a female of the Defendant, on October 9, 2008, from that time to January 9, 2009 by means of the above 47 times in total, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statements of the accused in the second and fifth trial records;

1. The statements made by witnesses D in the third protocol of the trial, and by witnesses I in the seventh protocol of the trial;

1. Police officers and prosecutor's statements concerning D;

1. The police statement concerning G;

1. A passbook;

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